Clik here to view.
DIVORCE - STANDARD LANGUAGE IN AGREEMENT IS AMBIGUOUS
Cohen v Cohen, 2018 NY Slip Op 05277 Decided on July 18, 2018. Appellate Division, Second Department:"In October 2013, the parties entered into a "Stipulation of Settlement Opting Out Agreement," which...
View ArticleClik here to view.
THE SCRA
The Servicemembers Civil Relief Act (SCRA) gives military members a wide range of legal protections not available to the general public.The SCRA can postpone or suspend financial or civil obligations...
View ArticleClik here to view.
Clik here to view.
DOG LAW
Cintorrino v Rowsell, 2018 NY Slip Op 05446, Decided on July 25, 2018, Appellate Division, Second Department:"On the afternoon of October 31, 2013, the plaintiff allegedly sustained injuries when she...
View ArticleClik here to view.
NEW RULE FOR DIVORCE JUDGMENTS
Although I have not seen the amendment on the NY Court website, I am advised that 22 NYCRR 202.50(b) has been amended, effective May 31, 2018, and now requires that the following provision be included...
View ArticleClik here to view.
CHILD CUSTODY - DISPUTE OVER KINDERGARTEN
In this case, the court does not give the details of the dispute between the parents as to why the child had to enroll in a specific kindergarten but it illustrates how in certain cases, co-parenting...
View ArticleClik here to view.
A VERY COMMON FAMILY DISPUTE
This is a common allegation and a common dispute when the caretaker of Mom or Dad is one of the siblings. In this case, we do not have the specific facts but it demonstrates that more than general...
View ArticleClik here to view.
A STATE SERVICE MARK ACTION
In this case, the mark was not a federal registered mark and the allegations rested on state law. And note the court's last order regarding the undertaking.Apple A.C. & Appliance Serv., Inc. v...
View ArticleClik here to view.
CHANGING A CHILD'S SURNAME WHEN UNMARRIED PARENTS SPLIT
Matter of Rudder v Garber, 2018 NY Slip Op 05596, Decided on August 1, 2018, Appellate Division, Second Department:"Melissa Patton Rudder (hereinafter the mother) and John Richard Garber (hereinafter...
View ArticleClik here to view.
BEING HOMELESS DOES NOT MEAN BEING INCAPACITATED
Matter of Fritz G., 2018 NY Slip Op 05592, Decided on August 1, 2018, Appellate Division, Second Department:"The petitioner is the mother of Fritz G., who allegedly suffers from schizophrenia and...
View ArticleClik here to view.
ARTICLE 17-A GUARDIANSHIP GRANTED AFTER AN APPEAL
Matter of Anna F., 2018 NY Slip Op 05590, Decided on August 1, 2018, Appellate Division, Second Department:"The petitioner commenced this proceeding in August 2015, pursuant to Surrogate's Court...
View ArticleClik here to view.
BROKER COMMISSION ON COMMERCIAL LEASE
Gluck & Co. Realtors, LLC v Burger King Corp., 2018 NY Slip Op 05668, Decided on August 8, 2018, Appellate Division, Second Department:"The plaintiff commenced this action to recover a real estate...
View ArticleClik here to view.
STATUTE OF LIMITATIONS DEFENSE CANNOT BE RAISED BY COURT
352 Legion Funding Assoc. v 348 Riverdale, LLC, 2018 NY Slip Op 05662 Decided on August 8, 2018, Appellate Division, Second Department:"In April 2007, the defendant 348 Riverdale, LLC (hereinafter the...
View ArticleClik here to view.
REASONABLE RESTRICTIVE COVENANTS IN EMPLOYMENT AGREEMENTS
Long Is. Minimally Invasive Surgery, P.C. v St. John's Episcopal Hosp., 2018 NY Slip Op 05674, Decided on August 8, 2018, Appellate Division, Second Department:"Agreements restricting an individual's...
View ArticleClik here to view.
SHOULD THE FIRM BE DISQUALIFIED?
Matter of Kopet, 2018 NY Slip Op 05678, Decided on August 8, 2018, Appellate Division, Second Department:"Howard Kopet (hereinafter the decedent) died domiciled in Nassau County on February 18, 2014,...
View ArticleClik here to view.
CONVERTING GARAGE TO APARTMENT FOR ELDERLY MOM - NOT ALLOWED
Matter of Gray v Village of Patchogue, 2018 NY Slip Op 05677, Decided on August 8, 2018, Appellate Division, Second Department:"The petitioner filed an application with the Village of Patchogue for a...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - FAILURE TO SEEK A DEFAULT
Federal Natl. Mtge. Assn. v Heilpern, 2018 NY Slip Op 05752. Decided on August 15, 2018, Appellate Division, Second Department:"Yermi E. Heilpern executed a note dated April 2, 2004, in favor of...
View ArticleClik here to view.
CONTESTING SUBSTITUTED SERVICE
US Bank, N.A. v Daskal, 2018 NY Slip Op 05792, Decided on August 15, 2018, Appellate Division, Second Department:"Schwartz's contention that he was never properly served with process is without merit....
View ArticleClik here to view.
FORECLOSURE NOT BREACH OF CONTRACT
Russell v Pisana, 2018 NY Slip Op 05789, Decided on August 15, 2018, Appellate Division, Second Department:"On September 6, 2013, the plaintiffs and the defendant entered into a contract for the...
View ArticleClik here to view.
MORTGAGE FORECLOSURE - STATUTE OF LIMITATIONS AND DE-ACCELERATE DEFENSE
In Milone v US Bank Natl. Assn., 2018 NY Slip Op 05760, Decided on August 15, 2018, Appellate Division, Second Department, the court held that summary judgment could not be granted for either party in...
View Article